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Book 2 · Law of obligations  ›  Chapter 3 · Construction contract with a consumer › Section 650k

Subject matter of the contract

(1) The statements made in the specifications provided prior to the contract being concluded that relate to the execution of the construction work become part of the contract’s content unless the contractual parties expressly have agreed otherwise.

(2) Inasmuch as the specifications are incomplete or unclear, the contract is to be interpreted taking account of the entirety of all circumstances concurrent with the contract, in particular the standards of comfort and quality as evident from the remaining parts of the specifications. Any doubts arising in the interpretation of the contract as concerns the work owed by the contractor inure to the contractor’s detriment.

(3) The construction contract must include binding stipulations regarding the time at which the work is to be completed or, if such a point in time cannot be stated at the time the construction contract is concluded, regarding the duration of the execution of the construction work. Where the contract fails to include these stipulations, the information transmitted prior to the contract being concluded in the specifications concerning the time of completion of the work or the duration of the execution of the construction work will form part of the contract’s content.

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